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Announces Opening of Filing Window for Channels Vacated by Sprint

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Released: September 30, 2013

PUBLIC NOTICE

FEDERAL COMMUNICATIONS COMMISSION

News Media Information: (202) 418-0500

445 12th STREET, S.W.

Internet: http://www.fcc.gov

WASHINGTON, D.C. 20554

TTY: 1-888-835-5322

DA 13-2004

Released: September 30, 2013

PUBLIC SAFETY AND HOMELAND SECURITY BUREAU ANNOUNCES THE

OPENING OF A FILING WINDOW FOR ADDITIONAL RECORDS VACATED

BY SPRINT CORPORATION

IN THE 809-815/854-860 MHZ BAND SEGMENT

Application Filing Commences October 29, 2013

Pre-Filing Coordination Notification Commences October 15, 2013

WT Docket No. 02-55

By this Public Notice, the Public Safety and Homeland Security Bureau (Bureau) announces that
it will be updating the Vacated Channel Search Engine (VCSE) with additional records released by Sprint
Corporation (Sprint) in the 809-815/854-860 MHz (Channels 231- 470) portion of the 800 MHz band.
The Bureau will begin accepting applications on

October 29, 2013

for facilities on the channels
made available by this Public Notice.
Applicants that receive licenses for channels vacated by Sprint must provide 30 days notice to
Sprint1 before they activate a channel for testing or the commence operations.

Background

In connection with reconfiguration of the 800 MHz band, the Bureau has released channels
vacated by Sprint in the interleaved portion of the band (809-815/854-860 MHz). Vacated channels in the
interleaved portion of the band are exclusively reserved for public safety applicants for three years from
the opening of a filing window, and for public safety and critical infrastructure industry applicants for two
years thereafter. 2 After five years, any remaining vacated channels revert to their original frequency pools
and become available for licensing to any eligible applicant.3


1 Notice should be provided to Sprint by email at 800mhzinterleavedspectrum@sprint.com.
2 See Improving Public Safety Communications in the 800 MHz Band, Report and Order, Fifth Report and Order,
Fourth Memorandum Opinion and Order, and Order
, 19 FCC Rcd 14969, 15052 152 (2004) (800 MHz Report
and Order
).
3 Id. See 47 C.F.R. 90.615, 90.617(g).
1

To date, the Bureau has released several Public Notices announcing the availability of channels
vacated by Sprint.4 These vacated channels have been released in stages within NPSPAC regions as band
reconfiguration progresses in each region.5
In previous notices, the Bureau indicated that it would continue to update the VCSE on a regular
basis with additional information regarding channels made available by Sprint and other licensees
relocating to the ESMR band.6
Thus, by this Public Notice, we announce that we are updating the VCSE with additional records
released by Sprint. These additional records include both site-based and Economic Area (EA)-based
licenses. The records being entered into the VCSE make channels previously released available for
licensing over a larger geographic region or make channels available for licensing for the first time in
regions previously subject to an application freeze.7
Vacated channels being made available for licensing by this Public Notice include only channels
in the interleaved segment of the 800 MHz band.8 No new Expansion or Guard Band channels are being
made available for licensing at this time.9

Information Regarding Available Channels

To identify specific vacated channels that are available for licensing, the Bureau created the
VCSE which is accessible at http://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp.10 The VCSE


4 See Public Safety and Homeland Security Bureau Announces Application and Licensing Procedures for Channels
Relinquished by Sprint Nextel Corporation in the 809-809.5/854-854.5 MHz Band, Public Notice, 23 FCC Rcd
18343 (PSHSB 2008) (Vacated Spectrum PN Round 1); Public Safety and Homeland Security Bureau Announces
Application and Licensing Procedures for Certain Channels Relinquished by Sprint Nextel Corporation in the 809.5-
815/854.5-860 MHz Band, Public Notice, 24 FCC Rcd 13236 (PSHSB 2009) (Vacated Spectrum PN Round 2);
Public Safety and Homeland Security Bureau Announces Application and Licensing Procedures for Certain
Channels Relinquished by Sprint Nextel Corporation in the 809.5-815/854.5-860 MHz Band, Public Notice, 25 FCC
Rcd 16038 (PSHSB 2010) (Vacated Spectrum PN Round 3); Public Safety and Homeland Security Bureau
Announces Application and Licensing Procedures for Channels in Non-Border Regions Relinquished by Sprint
Nextel Corporation in the 809.5-815/854.5-860 MHz Band, 27 FCC Rcd 14785 (PSHSB 2012) (Vacated Spectrum
PN Round 4
).
5 Improving Public Safety Communications in the 800 MHz Band, Order, 23 FCC Rcd 15966, 15972-73 17
(PSHSB 2008).
6 See Vacated Spectrum PN Round 1, 23 FCC Rcd at 18344; Vacated PN Spectrum Round 2, 24 FCC Rcd at 13238;
Vacated Spectrum PN Round 3, 25 FCC Rcd at 16041.
7 On April 12, 2013, the Bureau lifted the application freeze in NPSPAC Region 30 (Eastern Upstate NY) and
Region 36 (Western PA). See Public Safety and Homeland Security Bureau Extends 800 MHz Application Freeze
for Certain Wave 4 Border Area NPSPAC and Non-NPSPAC Licensees Along the U.S.-Canada Border, 28 FCC
Rcd 4675, 4676 (PSHSB 2013).
8 The interleaved portion of the band consists of the 809-815 MHz / 854-860 MHz band segments. See 800 MHz
Report and Order
, 19 FCC Rcd 15051 151.
9 Sprint channels in the 815-816/860-861 MHz Expansion Band block will not be available in any region until 90%
of the channels in the former NPSPAC block (i.e., 108 channels) are clear, and a Public Notice is issued to that
effect. Additionally, Sprint channels in the 816-817/861-862 MHz Guard Band block will not be available in any
region until 100% of channels in the former NPSPAC block (i.e., 120 channels) are clear in the region and a Public
Notice is issued to that effect. This restriction does not apply to channels assigned by the 800 MHz Transition
Administrator as part of rebanding.
10 Select "800 MHz Reconfiguration Search" on the above-cited web page. See Public Safety and Homeland
Security Bureau and Wireless Telecommunications Bureau Establish New 800 MHz Vacated Channel Search
2

contains detailed geographic and frequency data regarding these vacated channels. The vacated channel
public access file, which can be downloaded by users with data-processing capability (e.g., frequency
coordinators), may be accessed at http://wireless.fcc.gov/uls/index.htm?job=transaction&page=weekly.
For the additional records being made available for licensing pursuant to this Public Notice, the
VCSE will specify

October 29, 2013

as the availability date in the "Channel Availability" field.

Application Procedures

Beginning on

October 29, 2013

, Commission-certified frequency coordinators may file
applications on behalf of eligible applicants (see "Exclusive Eligibility Periods" below) in the Universal
Licensing System (ULS) for the locations released by this Public Notice. Any application filed for these
locations before the initial filing date will be dismissed.
Applications for vacated channels must include a certification of frequency coordination by an
appropriate Commission-certified frequency coordinator in accordance with Section 90.175 of the
Commission's rules.11 Furthermore, frequency coordinators must follow the procedures detailed in
previous notices for coordinating applications and attach the appropriate certifications to each
application.12
The notification process for frequency coordinators to address and resolve conflicting
applications prior to filing with the Commission will commence on

October 15, 2013

, at 8:00 AM
Eastern Daylight Time. At that time, but no earlier, each frequency coordinator may submit electronic
notification to the other participating coordinators of applications it has prepared for coordination.13
To be accepted for filing, applications must be coordinated by a certified frequency coordinator
which follows the pre-filing coordination procedures described in previous notices to eliminate conflicts
between applications prior to their being filed with the Commission.14 If coordinators do file mutually
exclusive applications, all will be dismissed without prejudice. Applications must meet the frequency
limitations specified in Sections 90.623 and 90.627 of the Commission's rules.15 Due to the limited
availability of channels during the period of exclusive eligibility, applicants will be permitted to apply for
no more than five channels per fixed location. Furthermore, requests for extended implementation
pursuant to Section 90.629 of the Commission's rules will be subject to a high level of scrutiny and will
not be routinely granted. 16

Exclusive Eligibility Periods

From

October 29, 2013

to

October 29, 2016

, the channels made available by the records
released by this Public Notice will be available exclusively for licensing to public safety eligible entities.
From

October 29

, 2016 to

October 29

, 2018, the channels made available by the records released by this





Engine for Identifying Vacated Channels in the 800 MHz Interleaved Band That Will be Available for Licensing to
Public Safety and Critical Infrastructure Industry Entities, Public Notice, 23 FCC Rcd 16481 (2008).
11 47 C.F.R. 90.175.
12 See Vacated Spectrum PN Round 1, 23 FCC Rcd at 18344-45; Vacated Spectrum PN Round 2, 24 FCC Rcd at
13238-40; Vacated Spectrum PN Round 3, 25 FCC Rcd at 16041-43; Vacated Spectrum PN Round 4, 27 FCC Rcd
14787-89.
13 Each notification must be filed individually, batch filing is not permitted.
14 See supra n.12.
15 47 C.F.R. 90.623, 90.627.
16 47 C.F.R. 90.629.
3

Public Notice will be available exclusively for licensing to public safety eligible entities and critical
infrastructure industry eligible entities.

Continued Operation By Sprint Subject to 30 Days Notice

Applicants that receive licenses for channels vacated by Sprint in accordance with this

Public Notice must provide 30 days notice to Sprint before they activate a channel for testing or
commence operations.

Sprint may continue existing operations on channels covered by this Public
Notice
after new licenses are granted until 30 days after the new licensee notifies Sprint of its intention to
activate the channel(s) for testing or commencement of operations. This advance notice must be provided
to Sprint by email at 800mhzinterleavedspectrum@sprint.com. Upon receipt of such notice, Sprint must
cease operation on the channel(s) specified in the notice within 30 days to the extent necessary to comply
with the co-channel spacing requirements of Section 90.621(b) of the rules. New licenses granted
pursuant to this Public Notice will be conditioned on providing such 30-day notice to Sprint.

Additional Information

For further information, contact Tracy Simmons, Policy Division, Public Safety and Homeland
Security Bureau, at (717) 338-2657 or Tracy.Simmons@fcc.gov, or Brian Marenco, Policy Division,
Public Safety and Homeland Security Bureau, at (202) 418-0838 or Brian.Marenco@fcc.gov.
Action by Deputy Chief, Public Safety and Homeland Security Bureau.
FCC
4

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